Under the policy, the police are allowed to search people who look suspicious. Statistics have shown that since stop-and-frisk began, murder in New York City has decreased dramatically. In a city of eight million people, 419 were killed last year.

In Chicago last weekend, six people were shot dead and 28 others injured, including a seven-year-old boy. “The Windy City has turned into Afghanistan,” O’Reilly commented. “So far this year, 58 children and teens have been murdered.”

One of those Chicago teens was 15-year-old Hadiya Pendleton who was shot and killed this past January. Her father, Nathaniel Pendleton, defended the judge’s ruling against stop-and-frisk on tonight’s Factor. He called it “totally unfair because this isn’t just happening in black neighborhoods or Hispanic neighborhoods. It’s happening everywhere.”

Pendleton cited the Sandy Hook Elementary School shooting in Newtown, Connecticut as an example. He believes tougher gun laws would deter criminals. He argued that people carrying illegal guns should face more jail time.

O’Reilly said the solution to Chicago’s violence is by flooding street corners with police. He charged, “If the city did that you’d hear the howls of indignation from the racial hustlers who would rather see kids die than admit there is an acute social and criminal problem in many poor precincts.”

The outrage over stop-and-frisk stems from the fact that most of the people frisked are minorities. Trayvon Martin’s mother, the teen shot dead in Florida last February, said recently that police shouldn’t have the authority to stop people because of the color of their skin.

New York City Police Commissioner Ray Kelly said over the weekend that the “losers” if this case is allowed to stand are people in minority communities. “Ninety-seven percent of the shooting victims in New York City last year were people of color – black or Latino,” Kelly said.

O’Reilly also noted that 89 percent of the accused killers in NYC are minorities, which is why they are under more scrutiny. Not without understanding for the frustration, O’Reilly said, “I mean, I can’t stand the airport security deal, so if I was being patted down on my way to the deli, it would not make me happy. And that happens to people of color all the time in this city.”

However, he maintained that stop-and-frisk is based on factual data and public safety. “There is no pure solution to the problem, but the police should record why they stop an individual. That is the fair and constitutional thing to do.”